Orly’s case in California, formerly known as Keyes v Obama is now being called Barnett v. Obama. According to court documents filed yesterday, Orly Taitz wants to dump the judge, and her clients Wiley Drake and Markham Robinson want to dump her (although they tried to keep that hushed up under seal).
On August 19, 2009, the Court received an Ex Parte Application for Order Vacating Voluntary Dismissal (the “Ex Parte Application”) on behalf of Plaintiffs Markham Robinson and Dr. Wiley S. Drake (the “Moving Plaintiffs”), through their attorney, Gary G. Kreep. The Moving Plaintiffs also seek to file their Ex Parte Application under seal pursuant to Local Rule 79-5. The Moving Plaintiffs essentially contend that when they sought to substitute Gary Kreep as counsel due to their dissatisfaction with Dr. Orly Taitz, Ms. Taitz improperly and without their consent filed a voluntary dismissal of them from the action pursuant to Fed. R. Civ. P. 41(a). See Doc. No. 33. As such, they seek reconsideration of the voluntary dismissal pursuant to Fed. R. Civ. P. 60(b)(6). The Court finds that this matter is not appropriate for resolution on an ex parte basis. Nor does this matter warrant filing documents under seal.
Meanwhile the Government is still waiting for proper service of the complaint (good grief, it’s been 7 months now), and the court has ordered that this be done no later than September 8, 2009. Further Orly is demanding recusal of the magistrate who struck her filing of the fake Kenyan Birth Certificate on technical grounds. (It was a GIFT!)
However, the court did grant an expedited hearing of the mess, and I do not think that Judge Carter will be handing out “gifts” this time. So drop by after September 8 for the next chapter in the continuing saga of the Perils of Orly.